Background
Franklin Joseph Perkins appealed a conviction from the United States District Court for the Southern District of Texas. Appointed counsel filed a motion to withdraw and submitted a brief in accordance with Anders v. California and United States v. Flores, asserting that the appeal lacked nonfrivolous issues. Perkins did not file a response to the motion.
The court’s reasoning
The court reviewed the attorney’s brief and the relevant portions of the record. The judges concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review. Consequently, the court granted the motion to withdraw and dismissed the appeal under Fifth Circuit Rule forty-two point two.
What it means going forward
The dismissal terminates the appellate process for this defendant, and appointed counsel is relieved of further duties in the case.